KANSAS CITY, Mo. (AP) — A woman is charged with two counts of second-degree murder and one count of first-degree arson in a fire that killed two Kansas City firefighters.
Jackson County Prosecutor Jean Peters Baker announced the charges Tuesday against Thu Hong Nguyen, an employee of a nail salon and spa that was one of several businesses and apartments destroyed in the Oct. 12 fire.
Firefighters Larry Leggio and John Mesh died when a wall collapsed on them while they were fighting the blaze. Two other firefighters were injured.
An investigator with the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives says the fire was intentionally set in storage room of the salon.
Nguyen was arrested Monday night. She’s being held on $2 million bond.
HUTCHINSON– Law enforcement authorities in Reno County responded to an emergency call that prompted a brief school lockdown on the south side of Hutchinson on Tuesday.
Hutchinson Police Captain Troy Hoover said just after noon officers the report of an armed individual in the 300 Block of East Bigger Street.
The call prompted Lincoln Elementary School going into lock down.
Hoover said the woman called saying a man with a gun and knife at her home.
Police had trouble communicating with the woman because she spoke very little English, according to Hoover.
Police brought in an interpreter allowing them to get more information.
They determined the man was in the home and when they made contact with him, they discovered he had no weapons.
Apparently the two had an argument leading to her making that call.
No one was in any danger at the school or elsewhere as a result of the incident, which remains under investigation.
WICHITA- Southwest Airlines is going to cut flights from Wichita. On April 11, Southwest will discontinue service to Dallas Love Field and Chicago Midway from Wichita Eisenhower National Airport, according to a city of Wichita press release.
Southwest Airlines will offer daily nonstop service to St. Louis and Phoenix from Wichita Eisenhower National Airport. The St. Louis service will be offered twice daily; the Phoenix service once a day.
Southwest officials said the two new routes stem from changing travel patterns between Wichita and Dallas Love Field and Wichita and Chicago Midway. Southwest will still offer Wichita travelers low-fare service to Chicago Midway through St. Louis and to Dallas Love through St. Louis and Phoenix.
“The new routes will expand options for customers in Wichita to get to popular destinations,” said Dan Landson, a Southwest spokesman. “These new destinations connect our customers to the people and places that are important to them with minimal travel time and fewer stops.”
“This new service provides two new, daily nonstop destinations and shows Southwest’s commitment to Wichita,” said Valerie Wise, the Wichita Airport Authority’s Air Service & Business Development Manager.
From St. Louis, Southwest serves 35 nonstop markets and will give Wichita travelers convenient connections to top markets such as Atlanta, Chicago, Minneapolis, Newark, Baltimore, Washington National, Orlando, Nashville, San Antonio, among others. The St. Louis route provides Wichita travelers fare relief to many top markets to the north and east.
From Phoenix Sky Harbor, Southwest serves 49 nonstop markets including Seattle, San Diego, San Francisco Denver, Spokane, Los Angeles, Oakland, Ontario, Portland, and Sacramento. Phoenix is the fifth top destination from the Wichita airport.
When Rep. Jim Ward read the latest lawsuit brought by Kansas officials against the Affordable Care Act, the Wichita Democrat thought the federal action at the center of the suit sounded familiar. “My first thought was, ‘Wait a minute, didn’t we just do this
Photo by Dave Ranney Gov. Sam Brownback and other Kansas officials issued news releases outlining a lawsuit against the federal government. The suit claims a provision of the ACA that imposes a tax on health care plans is unlawful because it also applies to insurance companies that have contracts to administer Medicaid, known in Kansas as KanCare.
about four months ago?’”
Ward said, referring to the Legislature increasing a tax on health plans. “And why is one better than the other?”
Republican state leaders who initiated the lawsuit say it’s an essential part of an ongoing fight against federal overreach by President Barack Obama’s administration. Democrats say the state is suing the federal government for doing the same thing — increasing a tax on Medicaid health insurance plans — that the Republican-led Legislature did in June to help close a $400 million budget gap.
Kansas Attorney General Derek Schmidt and Gov. Sam Brownback issued news releases last week outlining the lawsuit, in which Kansas is joined by Texas and Louisiana.
The suit claims a provision of the ACA that imposes a tax on health care plans is unlawful because it also applies to insurance companies that have contracts to administer Medicaid, known in Kansas as KanCare.
The plaintiffs claim the health insurance provider fee amounts to a backdoor tax on state treasuries in order to fund the federal law, because Kansas has to pay to defray a portion of the KanCare companies’ new tax. The suit seeks to recoup $32.8 million Schmidt said the state has paid since 2014 and stop future payments.
“If the federal government wants to tax and spend, it may do so within the confines of the law,” Schmidt said in the news release.
“But it may not, we think, employ accounting tricks that force the states to do the taxing while the federal government does the spending.
Kansas has state priorities for that $32 million that do not include financing the federal government’s operations.”
In a statement lending support to the suit, Brownback said the federal government was threatening to pull its $1.6 billion portion of the state’s $3 billion Medicaid program unless the state complies with the fees. “This is just one more instance of an overreaching federal regulation designed to coerce states into funding or participating in Obamacare,” the governor said.
Accounting tricks?
Kansas Democrats called the suit and Schmidt and Brownback’s comments politically motivated and hypocritical, given that the state employed a similar “accounting trick” to help balance the budget during the 2015 session. Income tax cuts passed in 2012 have created an imbalance between taxes and spending in Kansas, and the Republican-controlled Legislature was forced to work overtime last session to balance the budget.
One of the few things most in the majority agreed on was increasing a “privilege fee” on health maintenance organizations (HMOs), including the three insurance companies that administer KanCare.
The Legislature ultimately upped the fee from 1 percent to 3.31 percent, drawing in a projected $47.8 million to help balance the general fund. Private-sector HMOs took a financial hit, but the maneuver brought in enough federal matching funds for the state to reimburse the three KanCare companies for their portion of the increase.
Ward called the move “directly equivalent to what the feds are doing” with the provider fee named in the latest ACA lawsuit. “The difference is what we spend the money for,” he said.
“The feds want to spend it on expanding access to health care, and the state’s filling a massive budget deficit created by our tax loophole.” Ward said the state enacted a similar assessment on Medicaid providers in 2010: a “bed tax” that was extended in 2013. Senate Minority Leader Anthony Hensley, a Democrat from Topeka, said Schmidt characterizing the federal fee as an “accounting trick” amounts to the “pot calling the kettle black.”
“It’s very hypocritical, on Derek Schmidt’s part, and really the Republican leadership’s part,” Hensley said.
‘A political football’
In a statement emailed Monday, Schmidt defended the suit without addressing the minority party’s complaints of hypocrisy. “There should be bipartisan objection to this unprecedented and unlawful attempt by the federal government to levy a tax on states,” Schmidt said.
This is the third lawsuit Kansas has joined against the ACA, commonly called “Obamacare.”
Hensley said the litigation is a waste of state resources. Republicans continue to use the ACA as a campaign talking point, he said, rather than seriously addressing health insurance coverage issues. “The ACA in Kansas is just a political football that they continually kick around,” Hensley said.
Previous lawsuits against the ACA have had mixed results.
In NFIB v. Sebelius, the plaintiffs challenged the law’s mandate that most U.S. citizens carry health insurance and its requirement that states expand Medicaid to cover residents earning up to 133 percent of the federal poverty limit. In June 2012, the U.S. Supreme Court upheld the individual mandate 5-4 but struck down the Medicaid expansion mandate, ruling that states should be able to decide whether they want to expand.
In King v. Burwell, the plaintiffs argued that the law as written does not allow the federal government to subsidize private health insurance purchases in states that did not establish their own online exchange. Earlier this year the court struck down that argument 6-3.
In the latest suit, Schmidt and the other plaintiffs reference the Medicaid expansion decision and argue that the provider fee portion of the ACA is similarly coercive to states. They also argue that the states were not provided proper notice of fee increases.
Outside opinions
In a column published by the Daily Signal, Hans von Spakovsky, a senior legal fellow with the conservative Heritage Foundation, said the states have a strong case.
“There is no question that this is a serious lawsuit raising substantive issues against the Obamacare law and the way it has been implemented in relation to Medicaid and other federal health insurance programs,” he wrote.
Spakovsky said the case would almost certainly end up before the U.S. Supreme Court. Timothy Jost, a Washington and Lee University School of Law professor who has written extensively on the ACA, disagreed.
In a phone interview, Jost said the plaintiffs had “picked their judge pretty carefully” by filing suit in Judge Reed O’Connor’s U.S. District Court for the Northern District of Texas. But even if O’Connor gives a verdict favorable to the plaintiffs, it likely would be appealed and Jost said he did not see the Supreme Court taking it up if the U.S. appellate courts find the suit has no merits.
Jost said the significant difference between the latest suit and the Medicaid expansion suit is that the court ruled that Medicaid expansion is an entirely new program the states were being coerced to participate in. The provider fee has been part of Medicaid since before the ACA, he said, and the court would be unlikely to view revising it as creating a new program.
“In one instance the Supreme Court found that the federal government was effectively trying to make states set up a new program rather than comply with the requirements of the old program,” Jost said.
“But Chief Justice (John) Roberts made it amply clear that this wasn’t a sweeping ruling now that was going to free the states from any future requirements imposed on the Medicaid programs.”
Jost said the Kansas Legislature’s move to increase the HMO privilege fee, though not unusual, did sound substantially similar to what the state is now suing the federal government for doing.
“It’s kind of silly,” he said. “The federal government is taxing the plans, and then the states have to pay the plans and the federal government pays the states. So the money’s just moving in circles.
Andy Marso is a reporter for Heartland Health Monitor, a news collaboration focusing on health issues and their impact in Missouri and Kansas.
Kansas Education Commissioner Randy Watson-photo Kansas Dpt. of Education
WICHITA, Kan. (AP) — Kansas Education Commissioner Randy Watson has unveiled a new vision for schools that would create individualized education plans for each student.
Watson shared the State Board of Education’s vision Tuesday at the Kansas Department of Education’s conference in Wichita. It places equal focus on academic and nonacademic skills to help graduates be successful in the workforce.
The ideas presented stem from community meetings held across the state this year to find out what people want from K-12 education.
Watson says carrying out the vision will mean having different graduation requirements and less emphasis on standardized tests.
He says the individualized education plans will require hiring more school counselors.
He says businesses will be asked to play a larger role through internships and job shadowing.
SALINA- A Kansas man was injured in an accident on Monday morning in Saline County.
Saline County Sheriff’s Captain Roger Soldan said a pickup driven by Tyler Donavan, 30, Salina, was traveling on Kansas 140 just east of Interstate 135.
The pickup made a left turn and was rear ended by a Foley Industry Service Truck driven by Neal Black, 35, Beverly.
Donavan was transported to Salina Regional Medical Center with a possible head injury, according to Soldan.
Black was not injured. He was cited for following too close.
TOPEKA, Kan. (AP) — A preliminary hearing has been scheduled for a Topeka man charged after an explosion in his car severely injured his 4-year-old son.
The Topeka Capital-Journal reports that Jacob Daniel Schell faces charges including aggravated battery of the child and criminal use of explosives stemming from the July 2014 incident.
Court records show his son was injured when a sack containing explosives blew up in his lap. The child sustained serious injuries to his leg and severe burns to 40 percent of his body.
The preliminary hearing is scheduled for January when the judge will decide if the defendant should stand trial on the charges.
TOPEKA, Kan. (AP) — Authorities have postponed the trial of a Topeka man accused of punching his lawyer during a jury trial.
Lance Franklin is charged with aggravated battery for allegedly punching his lawyer, David McDonald, in the head while McDonald was representing Franklin during Franklin’s 2014 jury trial for rape and other charges.
McDonald was knocked unconscious and loaded onto a gurney as jurors watched. McDonald said he suffered two cuts that required stitches, a broken nose, a concussion and chipped teeth.
The Topeka Capital-Journal reports that Franklin’s trial for battery had been scheduled to start in November in Shawnee County court. But lawyers on Monday agreed to continue the trial to March 14, 2016.
A mistrial was declared in the rape case, which is scheduled for retrial beginning Feb. 22, 2016.
DETROIT (AP) — For the third time in seven years, General Motors is recalling cars that can leak oil and catch fire, sometimes damaging garages and houses.
GM says it’s recalling the cars because repairs from the first two recalls didn’t work. The company says more than 1,300 cars caught fire after being fixed.
The latest recall announced Tuesday covers 1.4 million cars dating to the 1997 model year. Some are so old that GM no longer sells the brands.
GM reports 19 minor injuries from the blazes.
Tuesday’s recall includes: the 1997-2004 Pontiac Grand Prix and Buick Regal; the 2000-2004 Chevrolet Impala; the 1998 and 1999 Chevrolet Lumina and Oldsmobile Intrigue; and the 1998-2004 Chevrolet Monte Carlo. All have 3.8-liter V6 engines.
Fiat Chrysler is recalling nearly 94,000 SUVs because the air conditioning lines are too close to the exhaust manifold and could catch fire.
The company looked into the problem after U.S. regulators got two complaints about smoke and fire in certain 2015 Jeep Cherokees.
Fiat Chrysler says it doesn’t know of any related injuries or crashes. Most of the SUVs are in North America.
Dealers will replace the lines if needed. Customers who lose air conditioning or see a dashboard warning light should contact dealers.
The company also announced that it’s recalling more than 88,000 Ram pickups mainly in North America because the rear axle shafts could break and cause a wheel to separate. Most of the 2015 and 2016 Rams are still at dealers.
RENO COUNTY – Law enforcement authorities in Reno County are asking for help locating a suspect.
The Sheriff’s office reported on social media Austin Hamilton Newton, 27, is wanted for several warrants including drug charges, forgery, theft and probation violations. He is 5 foot 6 inches tall and weighs 135 pounds.
They encourage residents, if you know the location of Austin Newton, a tip to Crime Stoppers of Reno County could be worth cash.
You can reach Crime Stoppers of Reno County by calling 694-2666 or
1(800)222-TIPS (8477) and you will remain anonymous!
KANSAS CITY -Are you still considering a trip to see the Royals play in the World Series? Tickets are still available for Tuesday night’s game.
Several web sites have standing room only and dozens of other seats available at Kauffman Stadium for $250 to just over $500. The parking pass is only $29.
In New York standing room only tickets are available for $500 to well over $1000. The parking pass at Citi Field is offered for $75.
WICHITA, Kan. (AP) — A Kansas teen has been charged in the shooting death of 21-year-old man in southeast Wichita.
Nineteen-year-old Octevious Loudermilk was charged Monday with involuntary manslaughter in the death of Tajay McGee. Prosecutors say Loudermilk turned himself in to police after accidentally shooting McGee Thursday night. The victim was found dead in the basement of a duplex with a gunshot wound to the head.
The Wichita Eagle reports Loudermilk is being held in the Sedgwick County Jail in lieu of a $100,000 bond. It was not immediately clear if he has an attorney.
TOPEKA, Kan. (AP) — The federal government says rates will increase by 16.1 percent for Kansas residents who buy middle-of-the-road “silver” health coverage plans through its online marketplace.
The U.S. Department of Health and Human Services released a report Monday showing that the increase in Kansas is higher than the average for 38 states in which consumers rely on the federal exchange. The average change in those states is a 7.5 percent increase.
Silver plans pay 70 percent of costs on average.
HHS says about 96,000 Kansas residents enrolled in coverage for this year through the exchange set up by the 2010 federal health care law. Enrollment for next year begins Nov. 1.
The federal agency said many Kansas residents seeking coverage through the exchange are eligible for tax credits to offset the cost.
